Scottish Parliament

Written Answers

Wednesday 15 September 1999

Scottish Executive

Business

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive what resources it will provide to ensure that businesses are year 2000 compliant, given that the award of training grants to deal with this problem has now been terminated.

Henry McLeish: The primary responsibility for taking action to prepare for the millennium bug rests with the business community. However, the Government have taken action to help businesses respond quickly and effectively. £2.6 million of Government money was made available to provide companies in Scotland with suitable training to tackle the millennium bug. We are on course to train 3,000 people before the end of the year.

  The availability of free courses was always limited, and the demand has been such that the allocation has now been used up in some areas. However, assistance and advice are still available from a number of sources, including Action 2000, Local Enterprise Companies and Local Support Centres.

  Although many Scottish companies are on course in their preparations, others have done little or nothing to prepare yet. They should urgently make use of the available resources to ensure their operations are Year 2000 compliant.

Business

Miss Annabel Goldie (West of Scotland) (Con): To ask the Scottish Executive how many business regulations have been introduced in Scotland since May 1997.

Henry McLeish: Since May 1997 15 regulations with varying degrees of impact on business, charities or voluntary bodies have been introduced in Scotland and a Compliance Cost Assessment or Regulatory Impact Assessment has been prepared in each case.

Community Safety

Miss Annabel Goldie (West of Scotland) (Con): To ask the Scottish Executive whether the funding scheme operated by the Scottish Office offering local authorities one half share of the cost of installing C.C.T.V. is still available.

Angus MacKay: On 11 August 1999 I announced that £3 million will be available in the financial year 2000-01 to fund the new ‘Make our Communities Safer’ Challenge Competition. £1.5 million will go to projects addressing wider community safety projects and £1.5 million will fund CCTV projects on the same basis as the previous Scottish Office Challenge Competition.

Complaints

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether it has any plans to institute a "one stop" approach for complaints by members of the public against the Executive and other Scottish public bodies.

Mr Jack McConnell: As part of its preparation for the necessary legislation, the Scottish Executive will be examining the current arrangements for public sector Ombudsmen in Scotland. In doing so we would expect to examine and draw on experience in the UK and elsewhere. In the meantime, the Scottish Executive would be happy to receive comments from members on the operation of the current arrangements.

Elderly People

Hugh Henry (Paisley South) (Lab): To ask the Scottish Executive what support it will give to organisations representing older people such as the Renfrewshire Elderly Forum, and whether it is currently supporting any pilot projects for such organisations.

Iain Gray: The Scottish Executive is committed to the involvement of service users in the planning and provision of services and has provided some funding for national networking conferences for the three Scottish Better Government for Older People projects. We recognise and support the important role played by local elderly forum groups in representing the views of older people. Funding of such groups is, however, a matter for the local statutory agencies.

Employment

Duncan McNeil (Greenock and Inverclyde) (Lab): To ask the Scottish Executive what its policy is on the location and relocation of public service jobs in Scotland.

Donald Dewar: The Scottish Executive is committed to ensuring that government in Scotland is efficient and decentralised, as part of a wider vision of more accessible, open and responsive government.

  We believe that two objectives should govern location and relocation decisions. First, the location of the Departments and agencies of the Scottish Executive and the bodies it funds should promote efficiency and effectiveness. Second, and subject to the first objective, the people of Scotland expect that the work of the Scottish Executive and related bodies should be close to the communities they serve.

  Most of the headquarters functions of Scottish Executive Departments are located in Edinburgh (or, in the case of the Enterprise and Lifelong Learning Department, in Glasgow). We expect that to remain the case, since they typically involve frequent meetings with Ministers and the Scottish Parliament.

  Executive functions can, however, be discharged effectively in other locations. Already, more than half of the staff of the Scottish Executive and its agencies are located away from Edinburgh. We have now decided that when the Scottish Executive establishes a new unit or agency, or where an existing unit is merged or otherwise reorganised, there should be a presumption against location in Edinburgh. We have also decided that where a significant property break point is reached – for example, the termination of an existing lease – relocation options outside Edinburgh will be considered. In each case, Ministers will look at alternative locations. Costs will be taken into account in deciding on location, along with operational effectiveness and the position of staff concerned.

  The policy will apply to the Departments of the Scottish Executive, to its executive agencies, to the Departments of the non-Ministerial office holders and to the Crown Office, and to all non-departmental public bodies funded by the Scottish Executive. We will keep the organisational scope of the policy under review with a view to expanding it if possible.

Environment

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-622 by Sarah Boyack on 10 August, what account it takes of the effects which the designation of areas as Sites of Special Scientific Interest (SSSI) has had or may have on the economy of the Highlands and Islands in considering an area’s current or future status as an SSSI.

Sarah Boyack: The designation of SSSIs is the responsibility of Scottish Natural Heritage, which has a statutory duty under section 28 of the Wildlife and Countryside Act 1981 to notify land which, in its opinion, is of special scientific interest.

  While the relevant considerations in relation to SSSI notification are primarily scientific, SNH, in discharging its balancing duty to have regard to the need for social and economic development in Scotland, considers comments from a wide range of consultees at the time of notification, including local authorities, local communities and owners and occupiers, where the designation of SSSIs might potentially have economic consequences at local level.

  We are currently developing proposals for a new system for nature conservation consistent with our commitments in the Programme for Government and the Partnership for Scotland agreement. The question of consultation on SSSI designation will be covered by these proposals, which will be subject to further consultation and pre-legislative scrutiny as appropriate.

Environment

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will reform the law to require Scottish Enterprise (SE) and Highlands and Islands Enterprise (HIE) to be consulted, prior to the designation of an area as Site of Special Scientific Interest, as to the effects of such a designation on the economy and the Parliament to be consulted where SE and HIE consider that such a designation would be harmful.

Sarah Boyack: I refer the member to the answer to question S1W-1274.

Environment

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will review the operation of the Milton refuse tip, Milton Road, Kilmarnock, whether any illegal tipping of waste materials has taken place at this site, and what the estimate is of the cost and timetable for any clearance works which need to be undertaken.

Sarah Boyack: The Scottish Environment Protection Agency (SEPA), as controlled waste regulator, has responsibility for reviewing such operations.

  I understand that in February 1999 SEPA became aware that waste soils were being spread for restoration purposes on the former Milton refuse tip by a contractor acting on behalf of East Ayrshire Council. SEPA pointed out that this activity required a Waste Management Licence and the deposit of the soils was stopped forthwith.

  The material already placed is suitable for the purpose of restoration and the Council has applied to SEPA for a licence to continue. I understand that SEPA intend to issue a licence to allow the Council to complete restoration work and do not intend to require removal of the soil already placed. There will, therefore, be no cost involved for clearance works.

Health

Miss Annabel Goldie (West of Scotland) (Con): To ask the Scottish Executive whether palliative care is part of the strategic provision of health care in Scotland.

Susan Deacon: The Scottish Executive believes that palliative care should be available to all who need it, whether they are suffering from cancer or some other degenerative disease.

  Health Boards are responsible for meeting the health care needs of their total populations and have therefore developed palliative care strategies as part of their Health Improvement Programmes. A key element of those strategies is the agreement Health Boards have with their local adult voluntary hospices for the provision of specialist palliative care.

Justice

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive what measures will be contained in its proposed land reform legislation to prevent the type of cases seen in Lanarkshire and elsewhere, where house owners’ titles have been left vulnerable to challenge through no fault of their own, as a result of feudal land law or of parties taking positive measures to create exploitable defects in titles.

Mr Jim Wallace: We intend to introduce a full programme of land reform which will modernise the basis of land tenure in Scotland and which will remove the abuses deriving from feudal law and from the exploitation of defects in titles. The first stage of that reform will be a bill to abolish feudal tenure. It will be followed by bills which will reform real burdens and abolish leasehold casualties.

  We are keen to deal with the problem of leasehold casualties. A Bill for this purpose has already been drafted by the Scottish Law Commission and we are looking for a suitable opportunity to introduce it.

Justice

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive what steps it will take, prior to the enactment of relevant legislation, to curb the activities of those who profit by challenging the title of house owners whose title has been left vulnerable to such challenge, as seen recently in Lanarkshire.

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive what steps it will take to assist house owners in Lanarkshire and elsewhere whose title has been left vulnerable to challenge and has been the subject of challenge as a result of feudal land law.

Mr Jim Wallace: I refer the member to the answer given to S1W-1136.

Justice

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive whether it has responded, or intends to respond, or whether it intends to ask the Scottish Parliament to respond, to the Home Office Review of Fixed Penalty Levels for Motoring Offences.

Mr Jim Wallace: The Scottish Executive did not respond to this public consultation exercise, whose closing date was 23 July. Road Traffic law, including fixed penalties, is a matter mainly reserved to Westminster. In these circumstances the Executive has no plans to seek the Parliament’s views on this matter.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will define, describe and elucidate the circumstances in which a form of restricted disclosure of the reasons for not proceeding against an accused may be made and why such disclosure must be restricted.

Lord Hardie: Decisions regarding disclosure of reasons for not raising criminal proceedings require to be made on a case by case basis. As with all prosecution policy, Procurators Fiscal are subject to confidential guidance approved by the Lord Advocate. Procurators Fiscal exercise discretion as to whether there can be any degree of disclosure within the terms of that guidance.

  Decisions will be based on reports and statements which are confidential. In addition, to disclose reasons may be tantamount to exposing the persons involved to a form of public trial without their having been given an opportunity to defend themselves or explain their position.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will make a statement on the relevance of the European Convention on Human Rights to the refusal to advise victims of crime of the reason why no criminal proceedings have been raised in respect of such crime.

Lord Hardie: In certain circumstances to disclose reasons for not raising criminal proceedings could constitute a breach of the Convention rights of a victim, witness or accused. Rights secured under the Convention include the presumption of innocence and the right to privacy, both of which must be given due cognisance.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will publish all or any of the legal advice it has received in relation to the right of a victim of crime to be afforded a full explanation of the reasons for a decision not to go ahead with criminal proceedings.

Lord Hardie: It is a rule of long standing that for the proper working of Government all legal advice obtained by it is confidential, a position adopted by the Scottish Executive.

Local Government

Paul Martin (Glasgow Springburn) (Lab): To ask the Scottish Executive whether it has any plans to ring fence funding made available to local authorities for carers for the purpose of short breaks.

Iain Gray: The Scottish Executive is committed to supporting the many dedicated carers in our communities. We recognise that being able to have a break from caring responsibilities can be invaluable in reducing the psychological and emotional stress of caring and in helping carers to continue in their caring role. We are aware of the concerns that carers and carers’ organisations have over funding of respite services by local authorities. We have been considering this in the context of the National Carers Strategy and will be announcing shortly details of how the Carers’ Strategy will be taken forward in Scotland.

Planning

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive whether it intends to notify the Parliament when the structure and local plans of local authorities are (a) submitted for approval and (b) approved.

Sarah Boyack: This has not been the practice in the past and there are no plans to introduce it in the future. Information relating to the progress of structure and local plans is, however, contained in the Planning Bulletin which is published by the Scottish Executive Development Department and I shall arrange for copies of the Bulletin to be made available in the Scottish Parliament Information Centre (SPICe).

Planning

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it considers that the role of Historic Scotland in relation to applications for building consent or planning permission, particularly as regards Grade C listed buildings, should be reviewed in the light of the length of time such processes take and the expense involved for owners and, if so, whether it will conduct such a review.

Rhona Brankin: Historic Scotland takes an average of only nine working days to clear listed building consent cases referred to it and no fee is charged. Historic Scotland is already discussing with local authorities whether any further improvements could be made to the operation of the system.

Police

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive what steps will be taken to assure the public that complaints against senior police officers are properly investigated.

Mr Jim Wallace: A system of investigating complaints against the police has been in place for many years involving internal investigations within forces and, where appropriate, external investigation by another force. Allegations of criminal complaints are independently investigated by the procurator fiscal. Police authorities and Her Majesty’s Chief Inspector of Constabulary also have important roles to play in the process of scrutinising how complaints have been handled by forces. In addition, the Scottish Executive has accepted the recommendation of the Macpherson Report to consider what steps can and should be taken to ensure that serious complaints against police officers are independently investigated.

Rural Affairs

Alex Johnstone (North-East Scotland) (Con): To ask the Scottish Executive to specify the average Scottish farm income in (a) May 1997, and (b) at present.

Ross Finnie: Information on farming incomes in Scotland is not collected on a monthly basis.

  Information on Scottish farm incomes at the aggregate level for the latest five years and information at farm type level for the latest two years are available in the 1999 Edition of the Economic Report on Scottish Agriculture available from the Stationery Office and from the Scottish Executive website.

  The forecast figures for 1999 at both the aggregate and farm type level will be available by means of a press release on the pre-announced publication date of Monday 31 January 2000.

Rural Affairs

Alex Johnstone (North-East Scotland) (Con): To ask the Scottish Executive how many Scottish jobs are dependant on fox-hunting.

Ross Finnie: This information is not held by the Scottish Executive.

Social Inclusion

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-87 by Ms Wendy Alexander on 29 June, whether it is planning a reduction in total expenditure in Social Inclusion Partnership areas over the next three years and, if so, what the reasons are for this.

Ms Wendy Alexander: We have no plans to reduce expenditure under the Social Inclusion Partnership fund over the next three years. The figures in my previous reply showed the funding which has been currently allocated to the Social Inclusion Partnerships listed. In addition there is an amount of £17 million which will be allocated as appropriate nearer the time. The total amount will therefore not reduce.

Tourism

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive what action it will take to encourage a greater number of tourist visits to Glasgow.

Henry McLeish: The Greater Glasgow and Clyde Valley Tourist Board has recently announced that hotels in the City enjoyed a 10% increase in occupancy in the first five months of this year compared with the same period in 1998. The new strategy which we are preparing will contain actions designed to boost the performance of the industry across Scotland.

Transport

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive when the Minister for Transport and the Environment will respond to the request to meet an all-party delegation to discuss the accident rate on the A77.

Sarah Boyack: I have responded to the requests confirming my intention to make an early visit to discuss the A77 trunk road between Fenwick and Malletsheugh.

Transport

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive what its plans are for the completion of the M77 and M74, the envisaged timescale, and how these plans will be funded.

Sarah Boyack: The M77 (Fenwick to Malletsheugh) and the M74 Northern Extension are 2 of the 17 schemes under consideration in the Strategic Roads Review. I plan to report to Parliament on the Review shortly.

Transport

Mrs Lyndsay McIntosh (Central Scotland) (Con): To ask the Scottish Executive what steps it intends to take to reduce the number of accidents on the A77.

Sarah Boyack: A Route Accident Reduction Plan study of the A77 between Fenwick and Malletsheugh has recommended a package of measures to improve safety, particularly at junctions and accident sites. Work on four sites has already been completed, with work programmed for another 2 sites in the autumn. Subject to the availability of funding, the installation of central reserve safety fencing around Kilmarnock is programmed for completion in 2000-01.